Protocol to the 1987 Agreement (2001)

Protocol (2001) amending Social Security Agreement and Supplementary Notes (1987)

Second Protocol to the Agreement between the Kingdom of the Netherlands and the United States of America on social security

The Government of the Kingdom of the Netherlands

and

the Government of the United States of America,

Having considered the Agreement between the Kingdom of the Netherlands and the United States of America on Social Security, signed December 8, 1987, and the Protocol thereto, signed December 7, 1989 (hereinafter together referred to as the “Agreement”), and

Having recognized the need to clarify certain provisions of the Agreement,

Have agreed as follows:

Article I

[Wijzigt het Verdrag inzake sociale zekerheid tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika, ‘s-Gravenhage, 08-12-1987.]

Article II

[Wijzigt het Verdrag inzake sociale zekerheid tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika, ‘s-Gravenhage, 08-12-1987.]

Article III

1. In applying Article 16 of the Agreement, the second sentence of paragraph 4 shall not apply to self- employed persons who become disabled after December 31, 1997. Instead, persons who were self- employed at the time when incapacity followed by invalidity occurred shall have their benefits determined in accordance with the Self-employed Persons Disablement Act of April 24, 1997 (WAZ).

2. The periods of coverage to be taken into account by the Netherlands in accordance with Article 16, paragraph 5 of the Agreement shall include periods of coverage completed under the WAZ, to the extent that these periods do not coincide with periods of coverage completed under the Disablement Insurance Act of February 18, 1966 (WAO).

Article IV

This Protocol shall enter into force on the date on which both Parties shall have notified each other through diplomatic channels that the legal requirements for its entry into force have been fulfilled. Upon entry into force, Article II shall have effect retroactively from January 1, 2000. The Government of the Netherlands shall apply this Protocol provisionally from the first day of the second month following the date on which the Protocol is signed.

Done in duplicate at The Hague on 30 August 2001.

For the Government of the Kingdom of the Netherlands
(sd.) J. F. HOOGERVORST

For the Government of the United States of America
(sd.) MARK A. TOKOLA